B-204330, AUG 20, 1981
Highlights
GAO WILL NOT CONSIDER COMPLAINT UNLESS MATTER HAS FIRST BEEN PRESENTED TO AGENCY FOR ITS CONSIDERATION. THIS IS NOT A MATTER WE WILL REVIEW AT THIS TIME. OUR PURPOSE WAS TO INSURE ADHERENCE TO THE REQUIREMENTS OF THE GRANT INSTRUMENTS BY THE GRANTEES AND TO EXAMINE THE EFFORTS OF GRANTOR AGENCIES IN DISCHARGING THEIR RESPONSIBILITIES TO ASSURE THAT THOSE REQUIREMENTS WERE MET. WE WILL NOT CONSIDER A COMPLAINT UNLESS THE MATTER HAS FIRST BEEN PRESENTED FOR GRANTOR AGENCY CONSIDERATION.
B-204330, AUG 20, 1981
DIGEST: WHERE GRANTOR AGENCY MAINTAINS ESTABLISHED PROCEDURE FOR RESOLVING COMPLAINTS CONCERNING GRANTEE PROCUREMENT, GAO WILL NOT CONSIDER COMPLAINT UNLESS MATTER HAS FIRST BEEN PRESENTED TO AGENCY FOR ITS CONSIDERATION.
MISENER MARINE CONSTRUCTION, INC.:
MISENER MARINE CONSTRUCTION, INC., COMPLAINS OF THE ACCEPTANCE OF A COMPETITOR'S BID BY THE PUERTO RICO AQUEDUCT AND SEWER AUTHORITY IN CONNECTION WITH U. S. ENVIRONMENTAL PROTECTION AGENCY (EPA) PROJECT C 72- 79.
THIS IS NOT A MATTER WE WILL REVIEW AT THIS TIME. IN OUR PUBLIC NOTICE PUBLISHED AT 40 FED.REG. 42406 (1975), WE STATED THAT WE WOULD CONSIDER COMPLAINTS CONCERNING PROCUREMENTS CONDUCTED BY RECIPIENTS OF FEDERAL GRANT FUNDS. OUR PURPOSE WAS TO INSURE ADHERENCE TO THE REQUIREMENTS OF THE GRANT INSTRUMENTS BY THE GRANTEES AND TO EXAMINE THE EFFORTS OF GRANTOR AGENCIES IN DISCHARGING THEIR RESPONSIBILITIES TO ASSURE THAT THOSE REQUIREMENTS WERE MET. HOWEVER, WHERE A GRANTOR AGENCY, SUCH AS EPA, HAS AN ESTABLISHED PROCEDURE FOR IDENTIFYING AND RESOLVING PROBLEMS CONCERNING GRANTEE PROCUREMENTS, WE WILL NOT CONSIDER A COMPLAINT UNLESS THE MATTER HAS FIRST BEEN PRESENTED FOR GRANTOR AGENCY CONSIDERATION. SANDERS COMPANY PLUMBING AND HEATING, 59 COMP.GEN. 243 (1980), 80-1 CPD 99.